118.005
Definitions for ORS 118.005 to 118.540. As used in ORS 118.005 to 118.540, unless the context
requires otherwise:
(1) “Beneficiary”
means the recipient of a beneficial interest in property or the income
therefrom transferred in a manner taxable under ORS 118.005 to 118.540.
(2) “Department”
means the Department of Revenue.
(3) “Director”
means the Director of the Department of Revenue.
(4) “Executor”
means the executor, administrator, personal representative, fiduciary, or
custodian of property of the decedent, or, if there is no executor,
administrator, fiduciary or custodian appointed, qualified and acting, then any
person who is in the actual or constructive possession of any property
includable in the estate of the decedent for estate tax purposes whether or not
such estate is subject to administration.
(5) “Federal
taxable estate” means the taxable estate as determined under subtitle B,
chapter 11 of the Internal Revenue Code.
(6) “Gross estate”
has the meaning given that term in section 2031 of the Internal Revenue Code.
(7) “Oregon
taxable estate” means the federal taxable estate with the adjustments provided
by ORS 118.010 (3).
(8) “Passes”
includes any case where for the purposes of ORS 118.005 to 118.540 a taxable
transfer takes place or is deemed to take place.
(9) “Personal
representative” means personal representative as defined in ORS 111.005. [1959
c.418 §7; 1969 c.520 §23; 1971 c.567 §4; 1973 c.344 §1; 1975 c.762 §1; 1977
c.666 §1; 1997 c.99 §6; 2011 c.526 §1]
Notes of Decisions
Tharalson v. State Dep't of Revenue, 573 P.2d 298 (Or. 1978).
“095: (1) Where there is property belonging to decedent both within and without the State of Oregon exemptions allowed under the inheritance tax provisions of ORS 118.005 to 118.840 shall be prorated, and that portion allowed in the State of Oregon shall be in that proportion…”
Unander v. United States Nat'l Bank, 355 P.2d 729 (Or. 1960).
“The pertinent part thereof in which we have interest reads: “(1) Devises, bequests, legacies and gifts are exempt from taxation under the provisions of ORS 118.005 to 118.840, if made: “(a) To any benevolent, charitable, religious or educational institution, society, association…”
Barnum v. Dep't of Revenue, 5 Or. Tax 508 (Or. T.C. 1974).
· cites it 2× “041 and, in addition, ORS 118.005 (1), which provides for the recognition of legal adoption.”
Jayne v. Dep't of Revenue, 6 Or. Tax 251 (Or. T.C. 1975).
· cites it 2× “070, a surviving spouse may claim a deduction in the amount of $50,000 from taxation *253 under the provisions of ORS 118.005 to 118.840 of assets passing to such surviving spouse.”
Est. of Evans v. Dept. of Rev., 492 P.3d 47 (Or. 2021).
“Our conclusion that Evans’s interests in the assets of the trust were such that Oregon’s imposition of its estate tax on those assets does not offend due process draws on the specific con- text of ORS 118.005(7), which bases Oregon’s estate tax on the value of a decedent’s…”
Binney v. Dep't of Revenue, 581 P.2d 950 (Or. 1978).
· cites it 2× “020 was as follows: "(1) Devises, bequests, legacies and gifts are exempt from taxation under the provisions of ORS 118.005 to 118.840, if made: "(a) To any benevolent, charitable, religious, scientific or educational institution, society, association or corporation organized…”
McCoy v. Dep't of Revenue, 545 P.2d 116 (Or. 1976).
“370 for the tax year immediately preceding the date of death of the decedent shall be valued for the purposes of ORS 118.005 to 118.840 at its value for farm use determined by the assessor under subsection (1) of ORS 308.”
Kingery v. Dep't of Revenue, 554 P.2d 471 (Or. 1976).
“) It does not appear that the words "true cash value” have been interpreted by this court.”
McCoy v. Dep't of Revenue, 6 Or. Tax 116 (Or. T.C. 1975).
“370 for the tax year immediately preceding the date of death of the decedent shall be valued for the purposes of ORS 118.005 to 118.840 at its value for farm use determined by the assessor under subsection (1) of ORS 308.”
Winningham v. Dep't of Revenue, 7 Or. Tax 350 (Or. T.C. 1978).
“370 for the tax year immediately preceding the date of death of the decedent shall be valued for the purposes of ORS 118.005 to 118.840 at its value for farm use determined by the assessor under subsection (1) of ORS308.”
Prestidge v. Dept. of Rev., 21 Or. Tax 386 (Or. T.C. 2014).
· cites it 2× “007 provides: “Any term used in ORS 118.005 to 118.840 has the same meaning as when used in a comparable context in the laws of the federal Internal Revenue Code relating to fed- eral estate taxes, unless a different meaning is clearly required or the term is specifically…”
United States Nat'l Bank v. Straub, 423 P.2d 949 (Or. 1967).
“020 (1) and (2) which provides: “(1) Devises, bequests, legacies and gifts are exempt from taxation under the provisions of ORS 118.005 to 118.840, if made: “(a) To any benevolent, charitable, religious, scientific or educational institution, society, association or corporation…”
— Or. Rev. Stat. § 118.005(10) — 1 case
— Or. Rev. Stat. § 118.005(7) — 1 case
Est. of Evans v. Dept. of Rev., 492 P.3d 47 (Or. 2021).
“Our conclusion that Evans’s interests in the assets of the trust were such that Oregon’s imposition of its estate tax on those assets does not offend due process draws on the specific con- text of ORS 118.005(7), which bases Oregon’s estate tax on the value of a decedent’s…”
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